HomeMy WebLinkAboutRES 980714-R - Encroach 118 Canyon RdRESOLUTION NO. O d 7/4/- k
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF GEORGETOWN AND SCOTT AND SARALEE
FAIRBURN; PERTAINING TO THE ENCROACHMENT OF A SWIMMING
POOL AND FENCE INTO THE APPROXIMATELY ONE HUNDRED (100)
FOOT WIDE PLATTED DRAINAGE EASEMENT LOCATED ON THE
REAR PROPERTY LINE OF REATA TRAILS, UNIT THREE, BLOCK D,
LOT 12, AS RECORDED IN CABINET F, SLIDES 113 & 114 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 118
CANYON ROAD; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the drainage easement for an above ground swimming pool and fence; and
WHEREAS, in order for a license to be granted by the City Council of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of Scott and Saralee Fairburn to encroach
into the drainage easement, the City Council of the City of Georgetown, Texas, finds the
following facts:
1. That there are no utilities which would be interfered with by the utilization of
the property in the proposed manner.
2. That there are no utilities which would interfere with the utilization of the
property in the proposed manner.
3. That the drainage easement effects the lot in such a manor that it would not
be possible to locate the pool and fence outside the drainage easement.
4. That the land use in the neighborhood appears to be stable and the use to
which this property is being put is not likely to change within the foreseeable
future and is compatible with other uses in the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific
facts as stated above now concludes and finds that:
Reata Trails, Unit Three, Block D, Lot 12, License Resolution No.
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1. The fact that the drainage easement effects the lot in such a manor that it
would not be possible to locate the pool and fence outside the drainage
easement constitutes special circumstances and conditions affecting the
property which if not taken into consideration would deprive the applicants
of the reasonable use of their property.
2. The fact that the land use is not likely to change within the foreseeable future
and that it is not economically feasible to situate the pool and fence that
encroaches into the. drainage easement elsewhere on the lot does provide
a basis for granting the license necessary for the preservation and enjoyment
of the substantial property rights of the applicant.
3. The fact that the use of the easement area by the property owner does not
interfere with the drainage utilities or access to the utilities and is not
detrimental to the public health, safety or welfare or injurious to the property
in the area; and
WHEREAS, the applicants agree to accept the terms of the license agreement as
presented to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this resolution implements the following policies of the Century Plan -
Development Plan Element:
1. Growth and Physical Development Policy 1, which states: "The City will
ensure that future land use patterns provide economic, cultural, and social
activities to all residents, businesses and organizations, and the City's
development process encourages new and infill development;" and
2. Utilities/Energy Policy 2, which states: "The City will establish utility policies
which take into consideration the needs of all citizens of the community and
take necessary precautions to prevent harmful ecological impact to the
environment;"
Reata Trails, Unit Three, Block D, Lot 12, License Resolution No. O � Z! e k
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and further finds that the adoption of this resolution is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of
the Policy Plan.
SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to
attest thereto on behalf of the City of Georgetown a License Agreement with Scott and
Saralee Fairburn to allow a pool and fence encroachment into the approximately one
hundred (100) foot wide drainage easement on the rear property line of Reata Trails, Unit
Three, Block D, Lot 12 located at 118 Canyon road.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this IV11- day of T LL L -y' , 1998.
ATTES THE CITY OF GEORGETOWN:
Sandra D. Lee By: LEO oob
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Reata Trails, Unit Three, Block D, Lot 12, License Resolution No. -7,F, 0 !
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EXHIBIT A
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